The present Constitution Bench also set aside the 1967 decision by S. Azeez Basha v. Whenever the Union of India wanted to declare Aligarm Muslim University as not a minority institution; in 1967, AMU had challenged the Government that it was a minority institution with a personal law to give it autonomy under Article 30(1) that protects the rights of minorities to establish and administer educational institutions.
AMU’s Minority Status to Be Reexamined
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\Although the Supreme Court is still to deliver its judgement on whether AMU is a minority institution or not, the majority judgement was useful and helpful by laying down a test that is required to be followed to understand when an educational institution can claim to be a minority institution. The judgment also made it clear that each application will be decided on the merits, with the institution’s minority status being determined by criteria that will be laid down by a different bench for future cases.
This ruling will be important for AMU and other similar institutions as the decision means that educational establishments can rely on their minority status under the Constitution. The verdict also emphasizes the legal perspective regarding the rights of the minority institutions in India in terms of the constitutional guarantees of the minorities. The decision on whether AMU should be treated as a minority university will now be made by a different bench, which will hear the case sometime in the next few months.
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